Victorian Current Acts

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Court may make orders and other decisions before trial

    (1)     At any time before trial, the court may hear and decide any issue with respect to the trial that the court considers appropriate, including—

        (a)     an issue of law or procedure that arises or is anticipated to arise in the trial, including an issue as to admissibility of evidence;

        (b)     an issue of fact, or mixed law and fact, that may be determined lawfully by a judge alone without a jury, including an issue as to admissibility of evidence;

        (c)     an application for an order that may be made in relation to the trial under this or any other Act or at common law, including an application to quash a charge in the indictment;

        (d)     any other issue with respect to the trial.

    (2)     Subsection (1) applies despite sections 181, 183, 184 and 200.

    (3)     An order or other decision made at a directions hearing or other pre-trial hearing has the same effect as if it had been made after the commencement of the trial.

    (4)     Nothing in this section limits the power of the court to make any order or other decision that it has power to make otherwise than under subsection (1).


Section 192A of the Evidence Act 2008 provides for advance rulings in relation to evidence proposed to be adduced in a proceeding.

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